Decree No. 215 / 2008 Coll.
Decree on measures to prevent the introduction and spread of harmful organisms of plants and plant products
Valid
Order
Effective from 12.07.2008
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215
DECLARATION
of 11 June 2008
on measures to prevent the introduction and spread of harmful organisms of plants and plant products
The Ministry of Agriculture provides pursuant to § 88 (1) (b) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Laws, as amended by Act No. 626 / 2004 Coll., Act No. 444 / 2005 Coll. and Act No. 131 / 2006 Coll., ("the Act '):
Subject matter and basic terms
(1) This decree implements the relevant provisions of the European Union2) and provides for measures to prevent the introduction and spread of harmful organisms of plants and plant products.
(2) For the purposes of this decree:
(a) a pathogen of a genetically established set of individuals of one species of harmful organism which differs from another genetically established set of individuals of the same species,
(b) by indexed any procedure to demonstrate the presence of phytoplaques, viruses, viroids or similar harmful organisms in susceptible (marker) plants;
(c) wood which has been stripped of the natural rounded surface by the wood being played;
(d) grains of seeds which are plant products pursuant to Article 2 (1) (c) of the Act.
(3) For the purposes of this decree:
(a) European countries of Albania, Andorra, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Czech Republic, Denmark, Estonia, Faeroe Islands, Finland, France, Gibraltar, Croatia, Ireland, Iceland, Italy, Kazakhstan (European Part), Cyprus, Liechtenstein, Lithuania, Latvia, Luxembourg, Hungary, Macedonia, Malta, Moldova, Monaco, Germany, Netherlands, Norway, Poland, Portugal, Austria, Romania, Russia (European Part), Greece, San Marino, Slovakia, Slovenia, Great Britain and Northern Ireland, Serbia and Montenegro, Spain (including the Canary Islands), Sweden, Switzerland, Turkey (European Part), Ukraine, Vatican,
(b) non-European Mediterranean countries Algeria, Ceuta, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Melilla, Syria, Tunisia, Turkey,
(c) the North American countries Greenland, Canada, Saint Pierre and Miquelon, the United States of America (USA),
(d) American countries all countries of North, Central and South America, including the islands;
(e) continental American countries all countries of North, Central and South America, with the exception of the islands;
(f) Continental States USA Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, South Dakota, South Carolina, California, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Massachusetts, Michigan, Minnesota, Mississippi, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, North Dakota, Tennessee, Texas, Utah, Vermont, Singapore, Washington, Washington, Washington D.C., Wisconsin, Wisconsin, West Singapore.
Survey prior to the establishment of breeding, reproduction or reproduction material
(1) The survey referred to in Article 6 (1) of the Act on the detection of harmful organisms listed in Annex 1 (A) and 2 (A), or harmful organisms against which measures have been laid down in accordance with Article 7 (3) of the Act, the presence of which is an obstacle to the recognition of propagating material under other legislation3), 4) shall be carried out:
(a) in the case of the crop of propagating material of fruit species, hops and vines prior to the establishment of plants of the genus Citrus L., Cydonia Mill., Fragaria L., Humulus L., Malus Mill., Poncirus Raf., Prunus L., Pyrus L., Rubus L., Vitis L., intended for the production of breeding propagating material, pre-stage propagating material and basic propagating material; or
(b) for forest reproductive material sources, where they belong to Abies Mill., Castanea Mill., Larix Mill., Picea A. Dietr., Pinus L., Populus L., Prunus L., Pseudotsuga Carr., and Quercus L., before recognising the source of plant reproductive material intended for vegetative reproduction.
(2) The Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Institute) publishes in the Bulletin of the Central Audit and Examination Institute of the Agricultural Institute (hereinafter referred to as the Bulletin) a model of the application for a survey pursuant to Article 6 (1) of the Act, the manner, date and address of the application point. In addition to the applicant's identification data provided for in Section 37 (2) of the Administrative Regulation (5), the application shall contain:
(a) the identification of the parcel on which the crop of propagating material is to be based or the source of reproductive material recognised;
(b) the name of the species of plant whose propagating material is to be planted or the species of plant whose source of reproductive material is to be recognised.
Harmful organisms, plants and plant products which are prohibited from introduction and spread
[Articles 2 (1) (e) and 7 (1) of the Law]
(1) It is prohibited to introduce and extend:
(a) the harmful organisms listed in Annex 1, Part A, to this Decree;
(b) the plants or plant products listed in Annex No 2, Part A, to this decree;
if they are contaminated by the harmful organisms listed in Annex 2, Part A, to this Decree.
(2) The harmful organisms listed in Annex 1, Part B, to this Decree are prohibited from introduction into and spread within the protected zones listed in that Part.
(3) Plants and plant products listed in Annex No 2, Part B, to this Regulation are prohibited from being introduced into and spread within the protected zones listed in the same part of that Annex if they are contaminated by harmful organisms listed in the same part of that Annex.
(4) The harmful organisms listed in Annexes 1 and 2 to this Decree are divided into:
(a) organisms not known to occur in any part of the European Union are of relevance to the whole of the European Union and are listed in Annex 1, Part A, Section I and Annex 2, Part A, Section I to this Decree;
(b) organisms known to occur in the European Union but not endemic or established throughout the European Union are of relevance to the whole of the European Union and listed in Annex 1, Part A, Section II and Annex 2, Part A, Section II to this Decree;
(c) other organisms which are relevant to certain protected zones and are listed in Annex 1, Part B and Annex 2, Part B to this Decree.
(5) Plants, plant products and other objects which are subject to import and marketing provisions with regard to the definition of wood under Section 2 (1) (e) of the Act are listed in Annex 9 to this Decree.
Plants, plant products and other objects prohibited from importing and moving
(Paragraph 7 (5) to (7) of the Act)
(1) It shall be prohibited to import or relocate plants, plant products and other objects listed in Annex 3, Part A to this Regulation, if they come from countries listed in that Part.
(2) It shall be prohibited to import or relocate plants, plant products and other objects listed in Annex 3, Part B to this Regulation into the protected zones listed in that Part.
(3) It shall be prohibited to import or relocate plants, plant products and other objects listed in Part A of Annex 4 to this Regulation unless the specific requirements set out in that Part are met.
(4) It shall be prohibited to import or relocate plants, plant products and other objects listed in Annex 4, Part B, to the protected zones listed in the same part of this Annex and to move within those zones unless the specific requirements set out in the same part of this Annex are met.
(5) Small quantities of plants, plant products, food or feed for animals originating in third countries not covered by the provisions of Section 7 (5) (c) and (d) of the Act, provided that they do not show any signs of harmful organism infestation and that they are not intended for experimental, scientific or breeding purposes under Section 8 of the Act, shall not exceed:
| 1. | ovoce a zelenina kromě hlíz bramboru (Solanum tuberosum L.) | 2 kg |
| 2. | řezané květiny a části | 1 kytice |
| 3. | osivo kromě semen bramboru (Solanum tuberosum L.) | 5 sáčků v originálním balení pro drobný prodej. |
Authorisation for the handling of quarantine material
(K § 8 (1), (2) and (4) of the Act)
(1) The importation, transfer and possession of harmful organisms, plants, plant products and other objects under Article 8 (1) of the Act (hereinafter referred to as "quarantine material") may be authorised and handled by the Institute only if the identifiable risk of spreading harmful organisms referred to in Article 3 (1) to (3) is excluded.
(2) The risk of the spread of the harmful organisms referred to in paragraph 1 when they are imported, moved, stored and handled or on importation, moved, stored and handled by plants, plant products and other objects is assessed by the Institute on the basis of:
(a) available current scientific knowledge on the relevant harmful organisms, in particular their biology and active dissemination capability;
(b) an evaluation of the professional and technical assumptions of the importer or consignee of the consignment or supply or of the person who imports, moves or retains the relevant harmful organisms to prevent them from spreading;
(c) investigations carried out, where appropriate, in the country of origin of the consignment;
(d) the exclusion of the possibility of covert contamination by appropriate methods by the harmful organisms concerned, including laboratory testing.
(3) The application for authorisation to import or transfer quarantine material, in addition to the applicant's identification data provided for in Article 37 (2) of the Administrative Regulation (5), contains:
(a) the name and, where appropriate, the name and surname of the person responsible for the activities of the quarantine material;
(b) the scientific name of the harmful organisms or plants or the names of plant products or other objects;
(c) the type of quarantine material;
(d) the quantity of quarantine material;
(e) the place of origin of the quarantine material with appropriate documentary evidence, including the address of the place of residence and, where appropriate, the place of residence of the exporter or consignor;
(f) packaging, method of transport, estimated date of import or transfer;
(g) the duration, nature and objectives of activities with quarantine material, containing at least a summary of the procedure and specification of experiments for experimental, scientific or breeding purposes;
(h) the address and description of the place where the quarantine material will be maintained and officially tested, if necessary, before being transmitted to the consignee;
(i) the place of first storage or first cultivation after the official release of the quarantine material from the arrangements referred to in paragraph 7, where appropriate;
(j) the proposed procedure for the destruction or treatment of quarantine material after the completion of operations with that material;
(k) the proposed entry point.
(4) The application for authorisation for the possession and handling of quarantine material, other than the applicant's identification data provided for in Section 37 (2) of the Administrative Regulation5) contains:
(a) the name and, where appropriate, the name and surname of the person responsible for the activities of the quarantine material;
(b) the scientific name of the harmful organism;
(c) the address and description of the place where the quarantine material will be kept and, where appropriate, the testing provided for in paragraphs 11 and 12;
(d) the duration, nature and objectives of activities with quarantine material, containing at least a summary of the procedure and specification of experiments for experimental, scientific or breeding purposes;
(e) the proposed procedure for the destruction of the harmful organism and the destruction or treatment of the plants, plant products or other objects concerned after the completion of the authorised quarantine material activities, where appropriate;
(f) a proposal for the applicant's specific procedures and measures to comply with the principles set out in Annex 5 to this Regulation.
(5) In places and facilities where the quarantine material is stored, reproduced or otherwise handled, it shall be ensured that all harmful organisms are under control and in order to avoid their leakage. For each activity referred to in the application referred to in paragraphs 3 and 4, the risk of leakage of the harmful organisms referred to in paragraph 1 shall be determined by the Institute, taking into account the type of quarantine material and the expected activities, the biology of the harmful organisms, the means of spreading them, their interaction with the environment and other relevant factors associated with the risks posed by the quarantine material.
(6) The Institute before its decision is taken
(a) verify that the activities for which the quarantine material is to be imported, moved or for which harmful organisms are to be kept are in accordance with the concept of work for experimental, scientific, breeding and, where appropriate, diagnostic purposes;
(b) verify that the conditions under which activities with quarantine material are to be carried out comply with the principles set out in Annex 5 to this Decree;
(c) limit the authorised quantity of quarantine material to the quantity necessary for operations with such material and not exceeding the capacity of the appropriate workplace established for these purposes;
(d) examine the professional and technical qualifications of the person responsible for carrying out activities with quarantine material.
(7) The decision to authorise the import or transfer of quarantine material, or to authorise its possession, reproduction and other handling, shall lay down, in accordance with the principles set out in Annex 5 to this Regulation and with the procedures laid down in paragraph 11, the specific conditions to be fulfilled and complied with (hereinafter referred to as the "quarantine regime '), including the means of reporting, from or to the point of entry into those places or facilities where harmful organisms may leak as referred to in paragraph 1. The person responsible for carrying out the activities of the quarantine material shall request the release of that material from the quarantine regime in advance in order to rule out the hidden assault procedures referred to in paragraph 11 and to carry out the inspection referred to in paragraph 13. The Institute may also lay down specific requirements to be met by the imported consignment as well as conditions for the release of quarantine material from the quarantine regime. The authorisation for the possession, reproduction and other handling of quarantine material shall be issued for a period of five years from the date of its acquisition of legal power.
(8) The authorisation form for the import or transfer of quarantine material issued by the Institute under Section 8 (2) of the Act is set out in Annex 6 to this Decree. When imported or moved, the quarantine material shall be transported to the place of storage without delay.
(9) If the quarantine material is also a plant, plant product or other object which must be accompanied by a phytosanitary certificate in accordance with Article 23 of the Act on importation, this material is imported under Directive 2008 / 61 / EC and, where appropriate, the relevant harmful organisms must also be included in the "Additional declaration 'section.
(10) Where a plant passport is issued in accordance with Article 12 (1) and (2) for the movement of quarantine material within the territory of the Member States of the European Union, it shall state "This material is moved under Directive 2008 / 61 / EC '.
(11) The procedures for the exclusion of hidden attacks on quarantine material intended for experimental, scientific and breeding purposes by harmful organisms are set out in Annex 7 to this Decree.
(12) The condition for the release of quarantine material from the quarantine regime shall be that the conditions laid down in paragraph 7 of this Regulation be complied with and the exclusion of hidden contamination of quarantine material by the procedures referred to in paragraph 11, carried out by trained staff of the Institute or by authorised persons under § 71 (1) (b) or § 72 (5) (i) of the Act, in which the quarantine material is found free from harmful organisms, except those known to occur in the territory of the European Union and which are not listed in Annexes 1, 2 and 7 to this Decree or are not harmful organisms under § 7 (3) of the Act.
(13) The Institute shall check at appropriate times, but always before releasing quarantine material from the quarantine regime, compliance with the conditions laid down in paragraph 7, in particular if:
(a) procedures for the exclusion of concealed assault have been carried out by trained staff of the Institute or by persons authorised under Article 71 (1) (b) or Article 72 (5) (i) of the Act;
(b) the quarantine material intended to be released from the quarantine regime which has not been found free from harmful organisms in accordance with paragraph 12 and all other plants, plant products and other objects which have been in contact with it or which may have been contaminated have been destroyed or subjected to other measures to destroy the harmful organisms concerned, in the manner laid down by the Constitution;
(c) other quarantine material and other material found to be contaminated by harmful organisms during the course of activity, and all other plants, plant products and other objects with which it has been in contact or with which it may have been infected, have been destroyed or otherwise treated in the manner laid down by the Institute,
(d) the places and facilities which were used for the holding, reproduction or other handling of the quarantine material have been sterilised or otherwise treated, where appropriate, in the manner laid down by the Institute.
Harmful organisms subject to reporting requirements
(K § 9 of the Act)
Harmful organisms subject to reporting obligations under Section 9 of the Act are listed in Annexes 1 (A) and 2 (A) to this Decree.
Monitoring and exploration of invasive harmful organisms
(Paragraph 10 (1) of the Act)
Invasive harmful organisms and their presence under monitoring and survey pursuant to Section 10 (1) of the Act are listed in Annex 8 to this Decree.
Registration or absence of harmful organisms
(Paragraph 10 (4) of the Law)
(1) The registration of the presence or absence of harmful organisms listed in Annexes 1, 2 and 8 thereto and the registration of the first occurrence of harmful organisms not yet known in the Czech Republic shall contain the following information:
(a) the scope and results of the monitoring and survey carried out under Article 10 (1) of the Act;
(b) the scientific name and, where appropriate, the pathogen of the harmful organism and its taxonomic classification;
(c) the identification of the parcels and objects on or in which the presence of the harmful organism has been detected;
(d) the identification of the owner of the land or objects referred to in (c), or of the person who uses them for other legal reasons - the name and, where applicable, the name and surname, if any, of the natural person, the date of birth, the name or, where applicable, the name or business name, if any, of the natural person, and the address to be served,
(e) the scientific name of the species and, where appropriate, the variety of the host plant,
(f) the date and manner of detection of the harmful organism and the identification of the person who found it;
(g) the identification of the person who has designated the harmful organism and, where appropriate, the person who has verified the accuracy of the determination and the date of the determination and, where appropriate, its verification;
(h) data on the presence of the harmful organism;
(i) the method and outcome of the official verification of the accuracy of the information on the presence of harmful organisms referred to in paragraph 1 provided by the Institute by natural and legal persons.
(2) The register shall also include official documents on the regulation and implementation of emergency plant health measures ordered under Section 76 (2) of the Act and on the information on the presence of harmful organisms referred to in paragraph 1 provided by the Institute by natural and legal persons.
Notification of the presence of harmful organisms to the European Commission
(K § 10 (5) of the Act)
The Institute shall notify the European Commission (the Commission) and the other Member States of the European Union of any occurrence of:
(a) the harmful organisms listed in Annex 1, Part A, Section I and Annex 2, Part A, Section I to this Order, in the Czech Republic;
(b) harmful organisms listed in Annex 1, Part A, Section II or Part B and Annex 2, Part A section II or part B of this decree on the part of the territory of the Czech Republic where their occurrence has not yet been known.
Registration of legal and natural persons
(Paragraph 12 (2) and (8) of the Act)
(1) Plants, plant products and other objects to which the obligation to register natural and legal persons ("plants at risk") applies pursuant to:
(a) Paragraph 12 (1) (a) of the Act is set out in Annex 9, Part A, Sections I and II to this Decree,
(b) Paragraph 12 (1) (b) of the Act, are set out in Annex 9, Part B, to this Decree,
(c) Paragraph 12 (1) (c) of the Act is set out in Annex 10 to this Decree.
(2) The application for registration, in addition to the applicant's identification data provided for in Section 37 (2) of the Administrative Code (5), contains:
(a) the scope of the activities for the risk plants listed in Annex 9 to this Regulation which the applicant intends to place on the market, where appropriate;
(b) whether the applicant also requests authorisation to issue plant passports pursuant to Article 17 (1), (2) or (4) of the Act; in this case, the applicant shall attach the design of the plant passport in accordance with Article 17 (2) of the Act.
Obligations of registered persons
[Articles 13 (1) (a) and 13 (2) of the Law]
(1) To the extent of their registration, registered persons keep a continuous record of the plants at risk listed in Annex 9 to this Regulation. The record shall include:
(a) records of species, varieties and quantities of plants at risk, including categories and generations of propagating or reproduction material6),
(b) records and documents of origin, purpose of production, cultivation, handling, import and storage of plants at risk and their transfer or transfer to other persons;
(c) records of places under another legislation (7) where risk plants are grown, produced, stored or otherwise handled;
(d) records and documents relating to the care and evaluation of the health status of plants at risk, including records of inspections carried out by a registered person under Article 13 (1) (c) of the Act;
(e) records of plant health checks carried out by the Institute and records of plant passports issued by the Institute or registered person with the data referred to in Article 15 (2) (d) to (g), including the date of their issue.
(2) The records and documents referred to in paragraph 1 shall be kept by registered persons for at least one year from the date on which the last transfer or transfer of rights to risk plants took place.
(3) The registered person shall carry out the necessary acts ordered by the Institute in accordance with Paragraph 13 (2) of the Act to meet the specific requirements of Annex 4, Part A, Section II and Part B to this Decree.
Movement of plants, plant products and other objects
(Paragraph 14 (1) and (2) of the Law)
(1) Plants, plant products and other objects which may not be moved within the territory of the Member States of the European Union, provided that their packaging or means of transport transporting them are not accompanied by a plant passport or a replacement plant passport, are listed in Annex 9 (A) (I) to this Regulation.
(2) Plants, plant products and other objects which may not be moved to the relevant protected zone listed in Annex 4, Part B, to and within this Regulation, provided that the plant passport for the protected zone is not attached to them, to their packaging or to the means of transport which transport them, are listed in Annex 9, Part A, point II, to that decree.
(3) They shall be moved within the territory of the Member States of the European Union in accordance with Section 14 (2) of the Act without the plant passports of the seed supply accompanied by documents confirming compliance with the specific requirements laid down in Annex 4 (A) (II) to this Decree.
Continuous phytosanitary inspection
(Paragraph 15 (1) of the Law)
(1) Plants, plant products and other objects which must be subjected to systematic plant health checks before being placed on the market are listed in Annex 9 (A) (I) to this Decree. This check shall identify the infestation of the harmful organisms listed in Annexes 1 (A) and 2 (A) to this Decree, where appropriate, the infestation of harmful organisms against which the introduction and spread of which have been provided for under Section 7 (3) of the Act, and verify compliance with the specific requirements set out in Annex 4 (A) (II) to this Decree.
(2) Plants, plant products and other objects which must be subject to continuous plant health control before being moved to the protected zone are listed in Annex 9 (A) (II) to this Decree. This check shall identify the infestation of the harmful organisms referred to in paragraph 1 and Annexes 1 (B) and 2 (B) to this decree and verify compliance with the specific requirements referred to in paragraph 1 and Annex 4 (B) to this decree.
(3) Plants, plant products and other objects the Institute may carry out a systematic plant health check are listed in Annex 10 to this Decree.
Authorisation to issue plant passports
(Paragraph 17 (1) and (2) of the Act)
(1) The Institute shall issue a plant passport to a person registered in accordance with § 12 (1) (a) and (b) of the Act upon request from the Institute to the competent
(a) the place where the plant health inspection is carried out on importation, if it concerns imported plants, plant products or other objects; or
(b) the place where the land or objects on which the plants, plant products or other objects on which the passports are to be displayed are located;
and in good time before their expected relocation.
(2) The authorisation provided for in Article 17 (2) or, where applicable, the replacement passports provided for in Article 17 (4) of the Act may be granted by the Institute in writing on request if the applicant applies for authorisation in the registration pursuant to Article 10 (2) or the registered person. For a registered person, the particulars of the application are set out in Annex 11 to this Order.
Forms and formalities of plant passports
(Articles 16 (2) and 18 (2) of the Law)
(1) The plant passport shall consist of either a label if it contains the particulars referred to in paragraph 2 (a) to (j), or a label and an accompanying document, provided that the label contains only the particulars provided for in paragraph 2 (a) to (e) and the accompanying document contains the information provided for in paragraph 2 (a) to (j).
(2) The plant passport shall contain the following information:
(a) the designation "EU Plant Health Passport,"
(b) identification of the country code;
(c) the designation of the responsible official plant protection organisation of the Member State or its distinguishing mark, for plant passports issued in the Czech Republic, the designation "Central Control and Testing Institute of Agricultural" or "TASK,"
(d) the registration number assigned to the registered person by the responsible official plant protection organisation of the Member State for plant passports issued in the Czech Republic by the Institute,
(e) identification of the lot of the plant, plant product or other object (e.g. the serial number of the delivery or week of the year concerned, or the batch or package number);
(f) the scientific botanical name of the plant,
(g) the quantity of plants, plant products or other objects;
(h) the distinguishing mark "ZP" (Zona Protecta = protected zone) indicating the relevant protected zone for which the plant, plant product or other object complies with the relevant requirements (only for a plant, plant product or other object intended for the protected zone); the designations of protected zones are laid down in Annex 12 to this Regulation,
(i) the distinguishing mark "RP" and, if different, the registration number of the original grower, importer or producer, and if the health status of the supply has changed, the registration number of the person responsible for the change (only for plants, plant products or other objects for which the original plant passport has been replaced by another passport);
(j) the country of origin or the exporting country (only for plants, plant products or other objects imported from third countries).
(3) The label referred to in paragraph 1 must be unused, made of suitable material which prevents its deterioration and damage and must be attached to the supply of relevant plants, plant products and other objects so that it cannot be reused. Any document normally used in the course of trade shall be regarded as an accompanying document referred to in paragraph 1. The accompanying document may also include the particulars required for labelling under other legislation on the marketing of seed and seed and reproductive material of forest trees (3), (4), but which must be clearly separated from the particulars referred to in paragraph 2.
(4) The particulars referred to in paragraph 2 shall be completed in full and legibly in block letters, if the relevant boxes in the plant passport are pre-printed or typed, in one of the official languages of the European Union, with the exception of the botanical name of the plant or plant product to be indicated in the Latin language. Any repairs or erasures in the plant passport shall be officially verified, otherwise the plant passport shall be invalid.
(5) For potato tubers (Solanum tuberosum L.) intended for cultivation (seed potatoes) and referred to in point 18.1. of Annex No 4 Part A Section II of this Order may be replaced by an official label in accordance with another legislation on the circulation of seeds and seeds8), provided that the label confirms that the specific requirements laid down in Annex 4 (A) thereto are met by the EU plant passport as from 1 January 2006. Details of compliance with the conditions laid down for seed potatoes intended to be moved to and moved within the protected zone concerned, established with regard to harmful organisms relevant to seed potatoes, shall be given either on this label or on any document used in trade.
(6) For sunflower seed (Helianthus annuus L.) referred to in point 26 of Annex 4 to Part A Section II of this Order may be replaced by an official label in accordance with another legislation on the circulation of seeds and seeds8), provided that the label confirms that the specific requirements laid down in Annex 4 (A) thereto are met by the EU plant passport as from 1 January 2006.
(7) For tomato seed (Lycopersicon lycopersicum L. Karsten ex. Farw.) and bean seed (Phaseolus L.) referred to in points 27.1, 27.2 and 29.4 of Annex No 4 Part A Section II may be replaced by an official label in accordance with another legislation on the marketing of seeds and seeds8), provided that the label confirms compliance with the specific requirements laid down in Annex 4, Part A, to this Decree by the EU Plant Health Passport as from 1 January 2006.
(8) For Lucerne (Medicago sativa L.) seed referred to in points 28.1 and 28.2 of Annex 4 to Part A Section II of this Order may be replaced by an official label in accordance with another legislation on the circulation of seeds and seeds8), provided that the label confirms that the specific requirements laid down in Annex 4 (A) thereto are met by the EU plant passport as from 1 January 2006.
Replacement of plant passports
(Paragraph 19 (1) and (2) of the Law)
(1) The harmful organisms referred to in Article 19 (1) of the Act are listed in Annexes 1 and 2 to this Decree.
(2) A person registered in accordance with § 12 (1) (a), (b) and (d) of the Act requests the replacement of a plant passport, a protected zone plant passport or a replacement plant passport in sufficient time in advance of the Institute.
Method of carrying out the duties of natural and legal persons related to the issuing of plant passports
(Paragraph 20 (2) of the Law)
(1) Plants, plant products and other objects authorised to buy or otherwise acquire persons referred to in Article 20 (2) of the Act only if they are accompanied by plant passports or plant passports for the relevant protected zone, if they are to be moved to that zone or by replacement plant passports, are listed in Annex 9, Part A, points I and II, to this decree.
(2) The records of plant passports referred to in § 20 (2) (a) of the Act consist of records with the data referred to in § 15 (2) (d) to (g).
(3) The persons referred to in Article 20 (2) of the Act declare in writing the purchase or other acquisition of the plants listed in Annex 9 (A) (III) to that Decree, if those plants originate in a third country, within 7 days of the date of their purchase or other acquisition. The model of the declaration is set out in Annex 13 to this Order.
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Regulation Information
| Citation | Decree No 215 / 2008 Coll., on measures against the introduction and spread of harmful organisms of plants and plant products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2008 |
|---|---|
| Effective from | 12.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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